Senate President Aquilino L. Pimentel III on Wednesday left the door open for a possible extension of President Duterte’s six-year term when the Constitution is amended to shift to a federal form of government.
Under the 1987 Constitution, President Duterte was elected by direct vote to serve a six-year term without reelection, formally assuming the presidency when ex-President Benigno S. Aquino III stepped down on June 30, 2016.
Reacting to a “no [2022 presidential] election scenario” floated by House Speaker Pantaleon D. Alvarez as a consequence of the Duterte-backed shift to a federal system, Pimentel sought to assure the proposed transition to federalism does not bar holding presidential elections.
“That is not an ‘either/or’ situation. We can shift to federalism and allow all scheduled elections under the existing Constitution to go on and be held,” Pimentel said. “What is important are the transitory provisions, which will govern the terms and duties of those elected in the last election under the 1987 Constitution.”
Pimentel said that “before we can operate under a new Constitution, the provisions, of the existing Constitution must be followed. Hence, if there are scheduled elections under the existing Constitution then this must be followed.”
But when asked if the shift to another form of government will enable Duterte to extend his term as transition president, Pimentel replied: “[It] depends on the transitory provisions.”
He added that such a scenario will also depend “on when we approve the new Constitution.”
If the Charter changes are done in 2019 “then the next three years will be the transitory period,” Pimentel said, adding “we can extend the President’s term, one, If really necessary; two, if he [Duterte] is amenable to it; and three, since that extension will be part of the new Constitution, the new Constitution is approved by the people themselves.”
Asked to confirm if the objective of reviving Charter Change initiative under the Duterte administration includes extension of the President’s term, Pimentel insisted that “the objective is fedralism. That’s all.”
Pimentel, however, sidestepped queries on whether the term-extension plan was discussed with and whether Duterte was amenable, saying, “Please refer the question to the President. Only he can answer that.”
For his part, Senate Minority Leader Franklin M. Drilon, in a viber message to Senate reporters, said this development unveiled the real agenda of Duterte administration and its allies in Congress.
“The cat is out of the bag!” Drilon said. “At least, the real purpose of federalism is out-term extension. We will oppose such proposition,” he added.
No no-el campaign
Contrary to Alvarez’s opinion of no-elections in 2019, Malacañang said the upcoming midterm elections will push through no matter what in compliance with the highest law of the land.
In a news briefing on Wednesday, Roque said President Duterte will not campaign for no-elections in 2019. This, unless Congress will be able to craft a new Constitution along with the passage of the country’s transfer to a federal type of government.
“Again, the President always looks to the Constitution as his guiding document. The Constitution sets the date for the next elections in 2019. So, unless the Constitution is amended ahead of the 2019 elections, it would have to push through,” Roque said.
Alvarez in a television interview said there might be a need to form a transitory government in case the shift to federalism is approved before May next year.
“Let’s be practical. [When] nag-shift ka into a different form of government—unitary to a federal—you need a transition government,” he added, noting time must be allotted for the government to apply the changes provided by federalism.
This, however, does not bother the President nor Malacañang. To them, it is important to adhere to what the Constitution states.
“Well, the Chief Executive, the role of the President is to implement the Constitution and the law. As I said, it is the Constitution that sets when the next election is. The law required of Congress for election purposes will only enable the spending of public funds in that regard. So, unless the Constitution is amended, which includes being ratified by the people prior to the date set in the Constitution, elections will have to push through,” Roque said.
With Elijah Felice E. Rosales